Case Note & Summary
The petitioner, filed a writ petition seeking direction to the police to register an FIR based on his complaint dated 29.09.2025 alleging various offences under Bharatiya Nyaya Sanhita, 2023 against his brother and sister-in-law (Respondents No.5 and 6). The dispute arose from a partnership firm where the petitioner alleged that Respondents No.5 and 6 created a parallel partnership firm with the same name, siphoned funds, and assaulted the petitioner's father. The petitioner argued that the complaint disclosed cognizable offences, making FIR registration mandatory under Section 154 of CrPC as interpreted in Lalita Kumari vs. Government of Uttar Pradesh. The court agreed, holding that the police had no discretion to defer registration when cognizable offences were disclosed. The court directed Respondent No.4 to register the FIR within two weeks and proceed with investigation.
Headnote
The High Court of Karnataka at Bengaluru -- Petitioner sought direction to Respondent No.4 (Inspector of Police, Hulimavu Police Station) to register FIR based on complaint dated 29.09.2025 alleging offences under Sections 318(1), 318(2), 318(3), 318(4), 319(2), 324(2), 336(2), 336(3), 316(2), 314, 351(1) of Bharatiya Nyaya Sanhita, 2023 -- Petitioner and Respondents No.5 and 6 were partners in M/s. Mithila Land Developers partnership firm -- Allegations of creation of parallel partnership firm with same name, siphoning of funds, and assault on petitioner's father -- Court held that complaint disclosed cognizable offences -- Relied on Lalita Kumari vs. Government of Uttar Pradesh (2014) 2 SCC 1 -- Directed Respondent No.4 to register FIR within two weeks -- Petition allowed
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Issue of Consideration: Whether the police authorities were obligated to register an FIR based on the petitioner's complaint dated 29.09.2025 alleging offences under Bharatiya Nyaya Sanhita, 2023
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Final Decision
The writ petition was allowed. The court directed Respondent No.4 (Inspector of Police, Hulimavu Police Station) to register FIR based on complaint dated 29.09.2025 within two weeks from the date of order and proceed with investigation in accordance with law.
